Land Development and Planning Project Files_3425 S. Ocean Blvd._20231214_No. 23-0016TRANSMITTAL FORM
REPORT OF REVIEW &
ACTION BY PLANNING BOARD
Transmit to: Town Planner Ingrid Allen
Building Department
Date: December 14, 2023
Applicant/Owner: Le Sanctuary Condominium Association/ Mark Rothenberg
Property Address: 3425 S. Ocean Blvd., Highland Beach, FL 33487
Property Control Number: 24-43-46-33-41-000-0000
Application No. 23-0016
Preliminary Review:
Final Review: AN AMENDMENT TO A PREVIOUSLY APPROVED
MAJOR MODIFICATION TO AN EXISTING BUILDING
(DEVELOPMENT ORDER NO. 23-0003) TO MODIFY THE LANDSCAPE
PLAN TO REFLECT LANDSCAPING IN FDOT’S RIGHT-OF-WAY (S.R.
A1A) ADJACENT TO THE PROPERTY LOCATED AT 3425 SOUTH
OCEAN BOULEVARD
Amended Site Plan Review
Other
AT THE January 12, 2023, MEETING, THE PLANNING BOARD REVIEWED THE ABOVE MATTER
PURSUANT TO CHAPTER 30 OF THE TOWN CODE OF ORDINANCES, AND HEREBY CERTIFIES
THAT THE FOLLOWING ACTION WAS TAKEN:
Denied
Approved
Approved with Modifications (as noted)
Other:
PLEASE TAKE WHATEVER ACTION IS REQUIRED TO COMPLETE THE SUBJECT MATTER, I.E.,
ISSUE PERMIT, TRANSMIT TO TOWN COMMISSION, RETURN TO APPLICANT, ETC.
IF THE ABOVE PLANS WERE DENIED OR APPROVED WITH MODIFICATIONS, PLEASE NOTE THE
BOARD’S FINDINGS:
MOTION: Axelrod/Mendelson - Moved to approve (Development Order No. 22-
0016, amendment to development order No. 23-0003). Based upon roll
call: Member Axelrod (Yes), Vice Chairperson Mendelson (Yes), Member
Rosen (Yes), Member Powell (Yes), Member Chudnofsky (Yes), and
Chairperson Goldenberg (Yes). The motion passed on a 6 to 0 vote.
CLERK’S OFFICE USE ONLY:
Transmitted to the Building Department: 12/14/2023
REVIEW GIVEN TO SUBJECT PROPERTY
File Attachments for Item:
C. Development Order Application No. 23-0016 / Le Sanctuaire Condominium
Association
An amendment to a previously approved major modification to an existing building
(Development Order No. 23-0003) to modify the landscape plan to reflect landscaping in
the FDOT's right-of-way (S.R. A1A) adjacent to the property located at 3425 South
Ocean Boulevard.
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PLANNING BOARD
STAFF REPORT
MEETING OF: December 14, 2023
TO: PLANNING BOARD
FROM: INGRID ALLEN, TOWN PLANNER
SUBJECT: AN AMENDMENT TO A PREVIOUSLY APPROVED MAJOR
MODIFICATION TO AN EXISTING BUILDING (DEVELOPMENT
ORDER NO. 23-0003) TO MODIFY THE LANDSCAPE PLAN TO
REFLECT LANDSCAPING IN FDOT’S RIGHT-OF-WAY (S.R. A1A)
ADJACENT TO THE PROPERTY LOCATED AT 3425 SOUTH
OCEAN BOULEVARD. (DO# 23-0016).
Applicant (Property Owner): Le Sanctuaire Condominium Association, Inc.
3425 South Ocean Boulevard
Highland Beach, FL 33487
Applicant’s Agent: Mark Rothenberg
Ellemar Enterprises LLC
6810 North State Road 7
Coconut Creek, FL 33073
Property Characteristics:
Comprehensive Plan Land Use: Multiple Family Medium Density
Zoning District: Residential Multiple Family Medium Density (RMM)
Site location: 3425 South Ocean Blvd.
Parcel PCN#: 24-43-46-33-41-000-0010, 24-43-46-33-41-000-0020,
24-43-46-33-41-000-0030, 24-43-46-33-41-000-0040.
I. GENERAL INFORMATION:
HIGHLAND BEACH BUILDING DEPARTMENT
3614 S. Ocean Boulevard
Highland Beach, FL 33487
Ph: (561) 278-4540
Fx: (561) 265-3582
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Property Background:
On April 7, 1992, the Board of Adjustment held a Workshop Meeting whereby the Board considered
a request for relief from side setbacks from 20 feet to 16 feet 6 inches, and height requirements from
40 feet to 50 feet 10 inches for a proposed four (4) unit condominium at 3425 South Ocean
Boulevard. The Chairman of the Board announced the Public Meeting for the item to be held on
April 21, 1992.
On April 21, 1992, the Board of Adjustment approved a variance allowing side setbacks for the
parking garage to be reduced from 20 feet to 16 feet 6 inches and denying a variance request to
increase the building height from 40 feet to 50 feet 10 inches (motion carried 7-0).
On June 10, 1992, the Planning Board considered a preliminary review for a four (4)-unit
condominium at 3425 South Ocean Boulevard. The Planning Board gave final approval (motion
carried 5-0).
On June 30, 1992, the Town Commission held a Workshop Meeting whereby the Commission
reviewed “the proposal” for the property located at 3425 South Ocean Boulevard. The Town
Commission moved the matter to the July 7, 1992 Town Commission Regular Meeting co nsent
agenda for consideration.
On July 7, 1992, the Town Commission approved a proposal for 3425 South Ocean Boulevard
(motion carried 5-0).
On August 10, 2023, the Planning Board recommended approval of a major modification to an
existing building (Development Order No. 23-0003) as provided in Section 30-39 of the Town Code
of Ordinances including changes to the exterior façade and balconies for the property located at 3425
South Ocean Boulevard (motion carried 6-0).
On September 5, 2023, the Town Commission approved a major modification to an existing building
(Development Order No. 23-0003) as provided in Section 30-39 of the Town Code of Ordinances
including changes to the exterior façade and balconies for the property located at 3425 South Ocean
Boulevard (motion carried 5-0).
Background and Analysis:
As noted above, on August 10, 2023, the Planning Board recommended approval for a major
modification to an existing building located at 3425 South Ocean Boulevard (Development Order
No. 23-0003). As part of the major modification approval, a landscape plan was provided that
reflected improvements to the landscaping for the property only. During the development review
process for the major modification request, the Applicant indicated that the existing landscaping
located within Florida Department of Transportation’s (FDOT) Right-of-Way (ROW) was to
remain. After the major modification was approved by the Town Commission on September 5, 2023,
staff received from FDOT an amendment to the Landscape Inclusive Maintenance Memorandum of
Agreement which reflected landscape improvements in FDOT’s ROW adjacent to the property.
Since the landscape plan reviewed by the Planning Board on August 10, 2023 did not include
landscape improvements in FDOT’s ROW, the Applicant is required to go back before the Planning
Board for an amendment to the previous major modification approval recommendation in order to
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modify the landscape plan to reflect landscaping improvements in FDOT’s ROW. Note that on July
20, 2017, the Florida Department of Transportation (FDOT) and the Town of Highland Beach
entered into a Landscape Inclusive Maintenance Memorandum of Agreement for the purpose of
maintaining landscape improvements on State Road A1A (South Ocean Boulevard). New
landscaping improvements proposed in FDOT’s ROW along State Road A1A require such an
amendment to the Landscape Inclusive Memorandum of Agreement. A resolution to execute such
Agreement will be considered by the Town Commission.
FDOT agrees to the landscape improvements proposed in its ROW adjacent to the property located
at 3425 South Ocean Boulevard (FDOT Permit No. 2023-L-496-00009). Staff has reviewed the
Applicant’s proposed request including landscape plans date stamped received by the Building
Department on November 7, 2023 and finds that the project is consistent with the Town Code of
Ordinances.
Should you have any questions, please feel free to contact me at (561) 637-2012 or
iallen@highlandbeach.us
ATTACHMENTS: Application.
Aerials.
Previously approved Landscape Plan (Development Order No. 23-0003).
FDOT permit for landscaping improvements in ROW (Permit No. 2023-L-
496-00009).
Applicant proposed Landscape Plan for FDOT ROW (11X17 sheets).
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342 5 South Ocea n Boul eva rd Palm Be ach Cou ntyNone
Aug ust 1, 20 23
0 0.008 5 0.0170.004 25 m i
0 0.01 0.020.005 km
1:57 6
Crea te d b y: P alm Beach Co untyµPage 70
SUBJECT PROPERTYFDOT ROW (approx.)Page 71
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MMOA\HIGHLAND BEACH\#8. 2023-L-496-00009\Highland Beach_Amend#8_LeSanct.doc
SECTION: 93060000
STATE ROAD: A1A
PERMIT: 2023-L-496-00009
COUNTY: PALM BEACH
AMENDMENT NUMBER EIGHT (8) TO
FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT FOUR (4)
LANDSCAPE INCLUSIVE MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AMENDMENT Number Eight (8) to the Agreement dated July 20, 2017, made and
entered into this ______ day of _______________ 20_____ by and between the State of
Florida Department of Transportation hereinafter called the DEPARTMENT and the TOWN OF
HIGHLAND BEACH, a municipal corporation of the State of Florida, hereinafter called the
AGENCY.
W I T N E S S E T H
WHEREAS, the parties entered into the Landscape Inclusive Maintenance
Memorandum of Agreement dated, July 20, 2017 for the purpose of maintaining the landscape
improvements by the AGENCY on State Road A1A (South Ocean Boulevard); and,
WHEREAS, the DEPARTMENT and the AGENCY have agreed to add additional
landscape by permit to be installed on State Road A1A (South Ocean Boulevard) in accordance
with the above referenced Agreement; and,
NOW THEREFORE, for and in consideration of mutual benefits that flow each to the other,
the parties covenant and agree as follows:
1. Pursuant to Page 7, Paragraph 7 of the Landscape Inclusive Maintenance Memorandum
of Agreement for State Road A1A (South Ocean Boulevard) dated July 20, 2017, the
DEPARTMENT will allow an adjacent property owner to construct additional landscape
improvements or to modify an improvement as indicated in Exhibit "A", State Road A1A
(South Ocean Boulevard) from M.P. 6.394 to M.P. 6.413. In accordance with the plans
attached as Exhibit "B".
2. The AGENCY shall agree to maintain the additional landscape improvements in the
Agreement described above according to Part I of the Maintenance Plan, Exhibit "E” of
the original agreement and Part II as follows:
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Part II - Specific Project Site Maintenance Requirements and Recommendations:
The landscape design consists of hardy plants that are meant to supplement and accent the
existing landscaped right-of-way and property frontage. Plant choices are to be maintained to
allow visibility from cars entering and/or existing the property safely.
A. Where low groundcovers need to be sheared to promote uniform growth, the edges
should be rounded off.
B. Remove suckering growth from base and clear trunk areas of palm trees monthly.
C. To maintain the intended appearance of all palms, apply the latest palm fertilizer
recommended by the University of Florida IFAS Extension per the manufacturer’s
specifications.
D. To maintain the intended appearance of all shrubs or turf grass, apply the latest fertilizer
recommended by the University of Florida IFAS Extension per the manufacturer’s
specifications.
E. Do not remove fronds from self-cleaning palms, unless damaged. Palms with persistent
fronds shall only have dead fronds removed, do not remove any green fronds. If it is
deemed necessary to prune a palm’s fronds, no fronds shall be trimmed above 3 o’clock
and 9 o’clock on the horizontal plain.
F. Groundcover and shrub horizontal growth shall be maintained to prevent foliage from
growing beyond the limits of the planting areas shown on the plan. Maintain a (6)”
setback from the foliage to the edge of curb, pavement, sidewalk and/or other hardscape
improvements.
G. Maintain the vertical height of:
(Schellings Dwarf Illex) between (12)” and (18)”, full to ground
(Ficus Green Island) between (18)” and (24)”, full to ground
(Dwarf Fuchsia Bougainvillea) between (20)” and (24)”, full to ground
(Bougainvillea Standard) between (6)’ and (7)’, standard w/3’ of clear trunk
(St. Augustine ‘Palmetto’) mature height.
H. Inspect groundcovers and shrubs monthly for maintaining full ground coverage.
I. Evaluate plant material monthly for pests, diseases, drought stress or general decline. If
required, follow the integrated pest management program established by the Agency to
ensure healthy plants.
J. Inspect the existing irrigation system performance monthly to ensure the system is
providing 100% coverage, does not have sections of low pressure, heads and valves are
clean and clear of debris and any damaged irrigation components (i.e., spray nozzles,
spray heads, valve boxes, etc.) are repaired or replaced.
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LIST OF EXHIBITS
Exhibit A - Landscape Improvements Maintenance Boundaries Limits
Exhibit B - Landscape Improvement Plans
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day
and year first written above.
TOWN OF HIGHLAND BEACH
By: _____________________________ Date: _____________
Chairperson / Mayor / Manager
Attest: ___________________________ (SEAL)
Town Clerk
Legal Approval: ____________________
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By: ______________________________ Date: ____________
Transportation Development Director
Attest: ____________________________ (SEAL)
Executive Secretary
Legal Review: _____________________________
Office of the District General Counsel
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MMOA\HIGHLAND BEACH\#8. 2023-L-496-00009\Highland Beach_Amend#8_LeSanct.doc
SECTION: 93060000
STATE ROAD: A1A
PERMIT: 2023-L-496-00009
COUNTY: PALM BEACH
EXHIBIT A
LANDSCAPE IMPROVEMENTS MAINTENANCE BOUNDARIES LIMITS
I. ORIGINAL INCLUSIVE LANDSCAPE MAINTENANCE AGREEMENT LIMITS:
State Road A1A (South Ocean Boulevard) from approximately ¼ mile North of Spanish
River Blvd (M.P. 4.868) to approximately ½ mile South of Linton Blvd (M.P. 7.711)
II. LANDSCAPE PERMIT PROJECT LIMITS (THIS PROJECT)*:
State Road A1A (3425 South Ocean Boulevard) from M.P. 6.394 to M.P. 6.413
*All other limits of the original agreement and amendments shall apply
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MMOA\HIGHLAND BEACH\#8. 2023-L-496-00009\Highland Beach_Amend#8_LeSanct.doc
SECTION: 93060000
STATE ROAD: A1A
PERMIT: 2023-L-496-00009
COUNTY: PALM BEACH
EXHIBIT B
LANDSCAPE IMPROVEMENT PLANS
The AGENCY agrees to install the landscape improvements in accordance with the plans and
specifications attached hereto and incorporated herein.
Please see attached plans prepared by: Krent Wieland, PLA
KWD Landscape Architect
August 31, 2023
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Sold To:
Town of Highland Beach - CU00398185
3614 So. Ocean Blvd.
Highland Beach,FL 33487
Bill To:
Town of Highland Beach - CU00398185
3614 So. Ocean Blvd.
Highland Beach,FL 33487
Published Daily
Fort Lauderdale, Broward County, Florida
Boca Raton, Palm Beach County, Florida
Miami, Miami-Dade County, Florida
State Of Florida
County Of Orange
Before the undersigned authority personally appeared
Rose Williams, who on oath says that he or she is a duly authorized representative of the SUN- SENTINEL,
a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County, Florida; that the
attached copy of advertisement, being a Legal Notice in:
The matter of 11720-Notice of Public Meeting ,
Was published in said newspaper by print in the issues of, or by publication on the
newspaper¶s website, if authorized on Dec 04, 2023
Affiant further says that the newspaper complies with all legal requirements for
publication in Chapter 50, Florida Statutes.
Signature of Affiant
Sworn to and subscribed before me this: December 08, 2023.
Signature of Notary Public
Name of Notary, Typed, Printed, or Stamped
Personally Known (X) or Produced Identification ( )
Affidavit Delivery Method: E-Mail
Affidavit Email Address: jdehart@highlandbeach.us
7536713
SUN-SENTINEL
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Order # - 7536713
SUN-SENTINEL
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